On Tuesday, the Bombay High Court (HC) dismissed a formal complaint filed by a wife against her former husband, concerning unnatural offenses, threats in 2016, and rape. The HC even quashed all other cases against the man, who was accused by his ex-wife.
While the Mazgaon Mumbai Magistrate was hosting the hearings, the FIR was filed at the Mumbai police station in Agripada.
The woman brought the above complaint with malicious intentions, and hence the court declared the complaint fabricated and dismissed the same. Advocate Subhash Jha, who was representing the accused, stated that the FIR was fabricated and was filed only out of bitterness and malice.
Advocate’s Evidence
Jha stated that the couple had six children and lived together for several years. So, the relationship between them appears to be voluntary and the commitment of grave offenses like rape was a made-up story by the ex-wife. This suo-moto rape offense was untrue.
He further stated that carrying out legal actions against the man would be a misuse and abuse of the judicial system. As per testimony presented in the court hearing, the couple married on 12th May 1991, as per Islamic law.
Family’s Statements
After moving in with the man’s joint family, the woman gave birth to 6 children. But when their relationship soured, the lady complained that the man had engaged in unnatural habits and he forced her into sexual encounters without her consent.
She further stated that she was beaten and threatened when she protested against his actions. The lady also stated that even though they are married to each other, she was intimidated and assaulted, and repeatedly was a victim of unwanted sexual advances by the man. She has documented and presented evidence to support her statements.
Role of Family Members
The family members of the man got together to determine the reasons behind the allegations that the woman had declared. They said that she was unwilling to live with the man, and was having an extramarital affair with someone else during the family gathering.
When the man found out about her extramarital affair, he obtained phone recording software from her mobile phone to clarify his doubts. The man claimed that the woman had earlier engaged in “obscene conversations” with the person she was seeing outside of her marriage.
It is said that the woman admitted to the family members that she wanted to live with her boyfriend and was ready to leave her husband when he tried to confront her.
Judge’s observations
The Bench of Justices NR Borkar and PD Naik concluded after reviewing the case’s circumstances that the “factual matrix of this case would directly point out that the said complaint was filed by the woman out of malice.”
The Bench took note of the son and daughter’s recorded statements in the case. The Bench thus concluded that, after reviewing the woman’s adult children’s statements, it is evident that the intent of the woman is malicious.
Naming her ex-husband as a criminal and filing an FIR was the result of her malicious intentions and it was out of vendetta.
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